Jury mulls fate of ex-owner of Macomb Township martial arts school

A jury deliberated most of Friday afternoon without reaching a verdict in the case of a former co-owner of a Macomb Township martial arts school accused of having sex with a 14-year-old female student.

Prosecutors for the second time are attempting to convict Joby Clark, 40, who is accused of engaging in oral sex with her three times at the Butoku Karate Dojo at 21 Mile and Garfield roads in 2009 and 2010. He is charged with three counts of first-degree criminal sexusal conduct, punishable by up to life in prison.

The trial began Dec. 11 in front of Judge Mark Switalski in Macomb County Circuit Court in Mount Clemens and concluded about noon Friday with closing arguments.

The jury is scheduled to return Monday to continue mulling the case.

A previous trial, 13 months ago ended, in a hung jury.

The victim, now 18, testified she performed the sex act in September or October 2009, December 2009 and June 2010, the last time around her 15th birthday. Two incidents occurred in a bathroom and a storage area when others were in the building, and one took place in an open area after hours, the girl said, according to attorneys.

Clark on Thursday defended himself on the stand for more than three hours.

“I didn’t do what she’s accusing me of,” he testified.

Clark’s wife, Karin, who was his live-in girlfriend at the time of the incidents, testified in her husband’s defense.

Clark’s attorney, Peter Miancki, tried to point out what he called were inconsistencies in the girl’s multiple statements and testimonies over three years.

Clark ran the business aspect of “The Dojo.” He was not an instructor but achieved a black belt as a student and at least sat on a judging panel for his accuser’s “belt exam.”

He had a class with the girl and exchanged nearly 2,000 text messages with her in 2009 and 2010. One message from the girl to Clark said, “You’re hot.” A text in June 2010 said she wanted to “take your pants off” and perform oral sex, and he responded, “It’s been a long time,” according to attorneys. She also sent him a photo of herself in a bikini or underwear, and tried to send him one of her masturbating, although she accidentally sent it to her female friend, according to attorneys.

Text messages continued even after Karin learned about one of them in June 2010 and confronted the girl. Clark acknowledged in questioning by county Assistant Prosecutor Brian Surma that he and the girl exchanged text messages about 75 times in one day within days of the confrontation.

Clark said he should have better understood the gravity of the text messages.

It was revealed during the trial that Clark had a nickname for the victim that referred to former tennis star Anna Kournikova due to similarities of one of their names.

Surma, while cross examining Clark, noted that Kournikova is not only a “sex symbol” but in the 1990s was a teenager who was romantically linked to the adult Detroit Red Wings hockey player Sergie Fedorov.

Clark said he had nicknames for other students, too.

Clark’s accuser, who attended the school for about four years, in January 2011 disclosed the allegations to Clark’s partner, John Wasilina, who quickly convinced Clark to leave the business before reporting the matter to police. Wasilina said he lost 30 to 40 patrons due to the allegations and was concerned the business would fail if Clark stayed amid the controversy.

Clark last month sued Wasilina and Butoku, saying he never has received his share of the business.